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Patna High CourtCR. MISC./38922/2024allowed

Sudhir Rai v. The State Of Bihar

2024-05-17Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38922 of 2024 Arising Out of PS. Case No.-218 Year-2022 Thana- HASANPUR District- Samastipur ====================================================== Sudhir Rai, Son of Late Dukhan Rai, Resident Of Village - Kharhaiya Ward No. 14, P.S. - Hasanpur, District - Samastipur ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sujit Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 17-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Hasanpur P.S. Case No. 218 of 2022 for the offences registered under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. As per the prosecution case, there is recovery of 15.940 litre of foreign liquor from the house of co-accused Abhiram Kumar. Allegation against the petitioner is that he along with co-accused is involved in the illegal trade of selling of wine.

4. Learned counsel for the petitioner submits that petitioner is innocent and being the father of co-accused Abhiram Kumar, he has falsely been implicated in this case. He is living separately from the co-accused. He has no concern with

Patna High Court CR. MISC. No.38922 of 2024(2) dt.17-05-2024 2/2 the affairs of the said co-accused. Nothing has been recovered from the conscious possession of the petitioner. Petitioner has no criminal antecedent. He is in custody since 28.02.2024. He undertakes to co-operate in the investigation.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions made on behalf of the parties, facts and circumstances of the case and period of custody, let the petitioner, named above, be enlarged on bail upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court where the case is pending in connection with Hasanpur P.S. Case No. 218 of 2022. (Sunil Dutta Mishra, J) rakhi/- U T